UGC NET Law Unit 1 PYQs, Important Questions with Answers

UGC NET Law Unit 1 focuses on Jurisprudence, which forms the foundation of legal studies and helps candidates understand the nature, purpose, and development of law. Practicing Previous Year Questions (PYQs) is one of the most effective ways to prepare for this unit, as it highlights important topics, frequently asked concepts, and the exam's question pattern. These PYQs cover key areas such as ownership, possession, legal personality, legal rights, sources of law, schools of jurisprudence, and the contributions of renowned jurists like Austin, Salmond, Roscoe Pound, Henry Maine, and H.L.A. Hart. Regular practice will strengthen conceptual understanding, improve accuracy, and boost confidence for the UGC NET Law examination.

UGC NET Law Unit 1 PYQs

Below are the UGC NET Law Unit 1 Previous Year Questions (PYQs) based on Jurisprudence. These questions cover important topics such as ownership, possession, legal personality, legal rights, sources of law, schools of jurisprudence, judicial precedents, and the contributions of leading jurists. Practicing these PYQs will help candidates understand key concepts, identify frequently asked questions, and strengthen their preparation for the UGC NET Law examination.

Question 1: Kinds of Ownership

Which of the following is NOT a kind of ownership?

a) Contingent Ownership

b) Intermediary Ownership

c) Legal Ownership

d) Incorporeal Ownership

Correct Answer: b) Intermediary Ownership

Explanation: Intermediary Ownership is not a recognized type. Contingent Ownership depends on an uncertain future event. Legal Ownership is a fundamental category, while Incorporeal Ownership refers to intangible things.

Question 2: Final Stage of Law Development in a Progressive Society

Who considered Legislation as the final stage of development of law in a progressive society?

a) Austin

b) Allen

c) Gray

d) Henry Maine

Correct Answer: d) Henry Maine

Explanation: Henry Maine, associated with the Historical School, is known for his theory: "The movement of progressive societies has hitherto been from Status to Contract."

Question 3: Legislation as a Source of Law

According to whom, legislation is that source of law which consists in the declaration of legal rules by a competent authority?

a) Austin

b) Salmond

c) Pound

d) Kelsen

Correct Answer: b) Salmond

Explanation: This definition of legislation is attributed to Salmond. Other notable jurists include Hans Kelsen (Analytical School, Grundnorm theory), Roscoe Pound (Sociological School, jural postulates, Social Engineering), and Austin (Analytical School, Command Theory).

Question 4: Theories of Corporate Personality

Match the theories of corporate personality (List I) with their proponents (List II):

Correct Match: A-2, B-4, C-1, D-3

Explanation:

• Purpose Theory (Brinz): Legal personality for a specific purpose.

• Bracket Theory (Ihering): Corporation as an association of individuals (also Symbolic Theory).

• Fiction Theory (Salmond): Corporation is an artificial, juristic person created by law or state.

• Realistic Theory (Gierke): Corporate personality is a real entity with mind and will. (Another related theory is the Concession Theory, which views legal personality as a "concession" or grant given by the State.)

Question 5: Landstedt's Theory of Duty

Landstedt's theory of duty asserts that:

a) Law emanates from the will of the sovereign.

b) Law is primarily a system of commands.

c) Law originates from the necessity for order, security, and self-preservation in society.

d) Law reflects the evolving moral consciousness of a community.

Correct Answer: c) Law originates from the necessity for order, security, and self-preservation in society.

Explanation: Landstedt's theory emphasizes that law stems from fundamental societal needs for order, security, and self-preservation.

Question 6: Definition of Ownership (User, Disposition, Duration)

Who among the following defined ownership as "a right indefinite in point of user, unrestricted in point of disposition, and unlimited in point of duration over a determinate thing"?

a) Austin

b) Salmond

c) Holland

d) Holmes

Correct Answer: a) Austin

Explanation: This definition by Austin highlights ownership's elements: indefinite user, unrestricted disposition, and unlimited duration.

Question 7: Categories of Mediate Possession

Who among the following points out the three categories of mediate possession?

a) Salmond

b) Ihering

c) Savigny

d) Pollock

Correct Answer: a) Salmond

Explanation: Salmond categorized the three types of mediate possession, which refers to possession acquired through a mediator.

Question 8: Author of "Law as Means to an End"

"Law as Means to an End" was the monumental work of:

a) R.V. Ihering

b) Julius Stone

c) A.V. Dicey

d) Karl Marx

Correct Answer: a) R.V. Ihering

Explanation: This significant work was authored by R.V. Ihering.

Question 9: Custom as Law and Source of Law

Assertion (A): Custom is per se law, independent of its prior recognition by the sovereign or the judge.

Reason (R): Custom is a source of law.

Correct Answer: a) Both A and R are true, and R is the correct explanation of A.

Explanation: Custom is recognized as a source of law, alongside judicial precedents and legislation, which allows it to hold inherent legal weight as per se law.

Question 10: Obligation vs. Liability

Obligation differs from liability because:

a) Liability refers to a duty owed, while obligation refers to a failure to perform it.

b) Obligation refers to a duty owed, while liability refers to a failure to perform that duty.

c) Liability is social, while obligation is personal.

d) Obligation is always moral, while liability is legal.

Correct Answer: b) Obligation refers to a duty owed, while liability refers to a failure to perform that duty.

Explanation: An obligation is a duty owed, whereas liability arises from a failure to fulfill an obligation, incurring legal consequences.

Question 11: Positive Theory of Property

Who propounded the Positive Theory of Property?

a) Hobbes

b) Spencer

c) Roscoe Pound

d) Hegel and Bentham

Correct Answer: b) Herbert Spencer

Explanation: Herbert Spencer propounded the Positive Theory of Property, stating that the right to property is created and defined by the sovereign or state.

Question 12: Vesting and Contingent Rights

Consider the following statements and find out the correct statement:

a) A vested right creates an immediate interest and is transferable and heritable.

b) A contingent right creates an immediate interest and is transferable and heritable.

c) Both a) and b) are correct.

d) Neither a) nor b) is correct.

Correct Answer: a) A vested right creates an immediate interest and is transferable and heritable.

Explanation: A vested right is fixed, unconditional, and immediately effective, thus transferable and heritable. A contingent right is conditional upon an uncertain future event and lacks immediate effect.

Question 13: Categories of Law by St. Thomas Aquinas

Which of the following is NOT a category of law as divided by St. Thomas Aquinas?

a) Eternal Law

b) Natural Law

c) Divine Law

d) Religious Law

Correct Answer: d) Religious Law

Explanation: St. Thomas Aquinas, a key figure in the Natural School, categorized law into Eternal Law, Natural Law, and Divine Law.

Question 14: Property in One's Own Person

Who gave the following statement: "Every man has a property in his own person"?

a) John Locke

b) Hobbes

c) Austin

d) Salmond

Correct Answer: a) John Locke

Explanation: This statement is a core tenet of John Locke's philosophy, emphasizing individual ownership and autonomy.

Question 15: Jurisprudence as Scientific Synthesis

Who defined jurisprudence as "the scientific synthesis of the essential principles of law"?

a) J.W. Paton

b) C.K. Allen

c) FitzGerald

d) Jeremy Bentham

Correct Answer: b) C.K. Allen

Explanation: This definition of jurisprudence is credited to C.K. Allen.

Question 16: Roscoe Pound's Classification of Interests

Roscoe Pound classified various interests which are to be protected by law as:

a) Only Private Interests and Public Interests

b) Private Interests, Public Interests, and Social Interests

c) Private Interests, Public Interests, Community Interests, and Social Interests

d) Private Interests, Social Interests, and Community Interests

Correct Answer: b) Private Interests, Public Interests, and Social Interests

Explanation: Roscoe Pound, a proponent of Sociological Jurisprudence, classified interests into Private, Public, and Social Interests as part of his Social Engineering concept.

Question 17: Roman Legal Maxim: "Nasciturus pro iam nato habetur, quotiens de eius commodo agitur"

The maxim "Nasciturus pro iam nato habetur, quotiens de eius commodo agitur" relates to which concept?

a) Ownership

b) Possession

c) Personality

d) Property

Correct Answer: c) Personality

Explanation: This Roman maxim relates to legal personality, meaning "An unborn child is considered as already born whenever its interests are concerned," granting rights to an unborn fetus.

Question 18: "Prophecies of What the Courts Will Do"

Who said that "Prophecies of what the courts will do in fact, and nothing more pretentious, are what mean by the law"?

a) Jeremy Frank

b) Holmes

c) Lloyd

d) Karl Devlin

Correct Answer: b) Holmes

Explanation: This statement by Justice Oliver Wendell Holmes Jr. articulates the legal realist perspective, emphasizing law as judicial decisions in practice.

Question 19: Analytical School and "Positive Law"

The Analytical School is also called the Positive School because it is concerned with:

a) Law as it ought to be (censorial jurisprudence).

b) Law as it is (expository jurisprudence).

c) The historical development of legal concepts.

d) The ethical foundations of law.

Correct Answer: b) Law as it is (expository jurisprudence).

Explanation: The Analytical School (or Imperative School) focuses on "Positive Law," which means studying "law as it is" (expository jurisprudence).

Question 20: Incorrect Statement about Analytical School

Which of the following is NOT a correct statement in the context of the Analytical School of Jurisprudence?

a) Law is self-existent.

b) Typical law is a statute.

c) Custom is a source of law.

d) It is confined to mature legal systems.

Correct Answer: a) Law is self-existent.

Explanation: The Analytical School emphasizes law as a command or enacted rule, not as self-existent. It typically focuses on statutory law and mature legal systems, with less emphasis on custom as a primary source.

Question 21: Doctrine of Stare Decisis

Which of the following statement is NOT correct in relation to the Doctrine of Stare Decisis?

a) It has been recognized by the Constitution of India.

b) It is binding on the Supreme Court of India.

c) This doctrine is based on public policy.

d) Reporting of the decisions of the Higher Courts is necessary for this doctrine.

Correct Answer: b) It is binding on the Supreme Court of India.

Explanation: The Doctrine of Stare Decisis is recognized in India (Article 141) and ensures consistency. While lower courts are bound, the Supreme Court is generally not bound by its own previous decisions and can overrule them.

Question 22: Criticism of Declaratory Theory by Austin and Bentham

The main criticism of the Declaratory Theory by Austin and Bentham was that:

a) Judges, in interpreting law, actually create new law instead of merely declaring it.

b) It gives excessive importance to judicial discretion.

c) It denies the supremacy of the legislature.

d) It fails to recognize the moral elements of law.

Correct Answer: a) Judges, in interpreting law, actually create new law instead of merely declaring it.

Explanation: Austin and Bentham criticized the Declaratory Theory by arguing that judges often 

engage in judicial law-making, creating new legal principles rather than just declaring existing law.

Question 23: Proponent of Declaratory Theory

Who among the following was the propounder of the Declaratory Theory?

a) Gray

b) Blackstone

c) Pollock

d) Dicey

Correct Answer: b) Blackstone

Explanation: The Declaratory Theory, which suggests judges only declare existing law, is primarily associated with Blackstone.

Question 24: Classification of Law According to Functions

Who classified law according to their functions?

a) Austin

b) Pound

c) Bentham

d) Holland

Correct Answer: d) Holland

Explanation: Holland is known for his classification of law based on their functions.

Question 25: First Greek Philosopher on Law of Nature's Features

Who was the first Greek philosopher who pointed out three main characteristic features of the Law of Nature?

a) Heraclitus

b) Plato

c) Socrates

d) Aristotle

Correct Answer: a) Heraclitus

Explanation: Heraclitus was the earliest among the Natural School philosophers to outline key features of natural law.

Question 26: Ownership as "Plenary Control Over an Object"

Who defined ownership as a "plenary control over an object"?

a) Austin

b) Salmond

c) Holland

d) Kelsen

Correct Answer: c) Holland

Explanation: This important definition of ownership, signifying full and absolute control, was provided by Holland.

Question 28: Books and Authors

Match the books (List I) with their authors (List II):

Correct Match: A-1, B-2, C-3, D-4

Explanation:

• Laws of War and Peace by Hugo Grotius.

• Spirit of Laws by Montesquieu.

• Law and Public Opinion by A.V. Dicey.

• Two Treatises of Government by John Locke.

Question 29: Incorrectly Matched Pairs

Which of the following pair is NOT correctly matched?

a) Immanuel Kant - Categorical Imperative

b) Hans Kelsen - Grundnorm Theory

c) Bentham - Hedonistic Calculus

d) Ihering - Jural Postulates

Correct Answer: d) Ihering - Jural Postulates

Explanation: Jural Postulates were proposed by Roscoe Pound, not Ihering. The other pairs are correctly matched.

Question 31: Jurisprudence Definition (Human and Divine, Just and Unjust)

Who among the following jurists has stated that "Jurisprudence is the knowledge of things human and divine; the science of just and unjust"?

a) Keeton

b) Ulpian

c) Julius Stone

d) Austin

Correct Answer: b) Ulpian

Explanation: This famous definition is attributed to Ulpian. (Memory Tip: Whenever you see "human and divine" or "just and unjust" in a jurisprudence definition, think of Ulpian.)

Question 32: Jurists and Their Contributions

Match the following:

Correct Match: A-2, B-3, C-1, D-4

Explanation:

• Social Solidarity is associated with Duguit.

• Bentham distinguished between expository and censorial jurisprudence.

• H.L.A. Hart discussed rules as foundations of a legal system.

• Jural Postulates were given by Roscoe Pound.

Question 33: Correct Combinations of Jurists and Schools

Which of the following are correct combinations?

1. Bentham and Natural Law

2. Austin and Positivism

3. Roscoe Pound and Sociological Jurisprudence

4. Henry Maine and Philosophical School

Correct Answer: b) 2 and 3

Explanation: Austin is a foundational figure in Legal Positivism, and Roscoe Pound is a leading figure in Sociological Jurisprudence. Bentham was a positivist and critic of natural law, while Henry Maine is associated with the Historical School.

Question 34: Eugen Ehrlich and Sociology of Law

Eugen Ehrlich is a well-known jurist of the Sociological School of Jurisprudence. Which of the following statements is NOT attributed to his theory?

a) Law directly from social facts.

b) Social compulsion as a source of law.

c) Living law underlies the formal rule of legal systems.

d) State law has significant influence on living law.

Correct Answer: d) State law has significant influence on living law.

Explanation: Eugen Ehrlich focused on "Living Law," which arises from actual social practices, largely independent of state law. He emphasized that law originates from social facts and social compulsion, and that living law underlies the formal rules of legal systems.

Question 35: Jurists and Key Concepts

Match the following:

Correct Match: A-2, B-3, C-4, D-1

Explanation:

• Social Solidarity with Duguit.

• Living Law with Eugen Ehrlich.

• Organic Theory with Gierke.

• Social Engineering with Roscoe Pound.

Question 36: Incorrect Meaning of Ratio Decidendi

Which of the following is an incorrect meaning of Ratio Decidendi?

a) Reason for the decision.

b) All principles of law.

c) Preferred rule of law by the judge on which the decision is based.

d) Rule of law which others regard as binding.

Correct Answer: b) All principles of law.

Explanation: Ratio Decidendi refers to the binding legal principle upon which a judicial decision is based. It is not "all principles of law"; other non-binding observations are known as Obiter Dicta.

Question 37: Not an Element of Legal Right

Which of the following is NOT an element of a legal right?

a) Subject

b) Object

c) Act of Forbearance

d) Legal Remedy

Correct Answer: d) Legal Remedy

Explanation: The core elements of a legal right include a subject, an object, and an act or forbearance. A legal remedy is sought when a right is violated, not an inherent element of the right itself.

Question 38: Types of Rights

Match the following:

Correct Match: A-1, B-4, C-3, D-2

Explanation:

• Right in Rem: enforceable against the whole world.

• Right in Personam: enforceable against a specific person or group.

• Right in Re Propria: ownership over one's own property.

• Right in Re Aliena: right over the property of another person.

Question 39: Correct Statements on Ownership and Legal Personality

Consider the following statements and mark the correct options:

1. Holland has said that ownership is a plenary control over an object.

2. Rights of an owner are residuary in nature.

3. Realistic Theory is connected with the concept of property.

4. Rights of a partner in a firm are corporeal.

Correct Answer: c) 1 and 2

Explanation: Holland defined ownership as "plenary control over an object" (Statement 1) and owner's rights are residuary (Statement 2). The Realistic Theory concerns corporate personality, not property (Statement 3 incorrect). Partner's rights are typically incorporeal, not corporeal (Statement 4 incorrect).

Question 40: Meaning of Mediate Possession

What is the meaning of the term Mediate Possession?

a) Voluntary requirement of possession.

b) Continuous claim to title of a right and not the right itself.

c) Possession acquired through an agent.

d) Possession by a person with a superior claim.

Correct Answer: c) Possession acquired through an agent.

Explanation: Mediate possession refers to possession acquired indirectly, such as through an agent or servant.

Question 41: Proponents of Realistic Theory of Corporate Personality

Which of the following theories is proposed by Gierke and supported by Maitland in explaining corporate personality?

a) Concession Theory

b) Fiction Theory

c) Symbolist Theory

d) Realist Theory

Correct Answer: d) Realist Theory

Explanation: The Realist Theory of corporate personality, which views corporations as actual real entities, was advanced by Gierke and supported by Maitland.

Question 42: Correct Statements on Legal Person and Corporate Forms

Consider the following statements and choose the correct statements:

1. A child in the mother's womb is a legal person from the time of conception, provided it is born alive.

2. A Corporation Aggregate is an incorporated group of co-existing persons.

3. The main purpose of Corporation Sole is to maintain continuity.

4. Births and deaths of a legal person are determined by nature.

Correct Answer: a) 1, 2, and 3

Explanation: A fetus (nasciturus) can be a legal person if born alive (Statement 1). A Corporation Aggregate is an incorporated group (Statement 2). A Corporation Sole aims to maintain continuity of office (Statement 3). The birth and death (dissolution) of a legal person (like a corporation) are determined by law, not nature (Statement 4 incorrect).

Question 43: Justice and Equality

Who among the fallen jurists has stated that "Justice consists in some sort of equality; equal things shall be given to equal persons, unequal things to unequal persons"?

a) Herbert Spencer

b) Aristotle

c) John Locke

d) Plato

Correct Answer: b) Aristotle

Explanation: This articulation of proportional equality and distributive justice is a cornerstone of Aristotle's philosophy.

Question 44: Jurists and Concepts of Justice

Match the following:

Correct Match: A-2, B-1, C-4, D-3

Explanation:

• Justice is doing your own business (Plato).

• Justice is an irrational ideal (Kelsen).

• Ideal law is to preserve and enlarge freedom (Lon Fuller).

• Justice as Fairness (John Rawls).

Question 46: Not a Theory of Legal Personality

Which of the following is NOT a theory of legal personality?

a) Fiction Theory

b) Concession Theory

c) Interest Theory

d) Bracket Theory

Correct Answer: c) Interest Theory

Explanation: Fiction Theory, Concession Theory, and Bracket Theory are recognized theories of legal personality. The Interest Theory, proposed by Ihering, is a theory of Rights, not legal personality.

Question 47: Correct Statements About Legal Theory

Which of the following is/are correct about legal theory?

1. It defines and analyzes legal concepts.

2. It deals with law as a mere theory, having no practical relevance.

3. It highlights the static features of a legal system.

4. It defines, analyzes, and deals with legal concepts.

Correct Answer: d) It defines, analyzes, and deals with legal concepts.

Explanation: Legal theory (jurisprudence) is concerned with defining, analyzing, and dealing with fundamental legal concepts. It is not a mere theory without practical relevance; it provides a conceptual framework for understanding and applying law.